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Georgia Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for Georgia on
Q: Question about child support

I got divorced today, and the court ordered the child support amount each month, so my question is, can my ex ask me about my paycheck in the future? I mean, did she have the right to ask for a paycheck whenever she wanted?

T. Augustus Claus
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answered on Sep 13, 2023

In Georgia, child support orders are typically established based on the income of both parents and the needs of the child. Your ex-spouse may not have an unrestricted right to access your paycheck at any time, but there are specific circumstances in which she may request information about your... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: Ex filed for a change of custody, should I file a counterclaim with the response to his change of custody?

Ex filed for a change of custody, along with my response to his change of custody should I also file a counterclaim to have my own issues addressed since I am already going to be back in court due to his change of custody? If I only file a response, will the Judge also listen to my requests to... View More

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 12, 2023

You should hire an attorney. The attorney can discuss whether you should file a counterclaim, the matter of potential attorneys fees in a modification action, your answer and how to move forward in defense of this action. We cannot give you steps to represent yourself effectively through this... View More

1 Answer | Asked in Family Law and Criminal Law for Georgia on
Q: How long does statue of limitations georgia have for terroristic threats
T. Augustus Claus
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answered on Sep 11, 2023

In Georgia, the statute of limitations for terroristic threats varies depending on whether the offense is charged as a misdemeanor or a felony. For misdemeanor terroristic threats, the statute of limitations generally extends for two years, meaning charges must be filed within that timeframe.... View More

1 Answer | Asked in Divorce and Family Law for Georgia on
Q: How do I get divorced if I was married in Canada and I'm a US citizen? We've been separated for 10 years.

This was 10 years ago I was 19 years old young and dumb. I only was there for 6 months I never got dual citizenship and I live in the States now and he lives still in Canada we're still married and I don't know how to get divorced because we were married there and I'm a US citizen... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

Either spouse may file for divorce in the jurisdiction where they reside once they meet the applicable residency requirements.

While relevant, the place of marriage is not dispositive on the question of jurisdiction.

If you had a child, any accompanying custody and support issues...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Georgia on
Q: I am trying to get a cheap and quick divorce with full custody of my daughter. Her father and I have an agreement.

The agreement is he gets her every other weekend. He does not have a job or any income coming in, I still provide everything for her while she's over there. I do not know if that changes things but this works with us. We just want to get this divorce finalized and custody agreement legal. I... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 6, 2023

To obtain a divorce, you will have to have the courts involved. Only a judge can issue a divorce decree. Most counties have a self-serve legal assistance office where you can get assistance filling out the uncontested divorce forms. They are also on most counties' clerk of court websites to... View More

1 Answer | Asked in Family Law and Child Custody for Georgia on
Q: i was made to sign over temperary rights to my grandparents and now i want to get my kids back what papers do i file?
Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 6, 2023

The grandparents can give you the children back voluntarily at any time. If they refuse to return the children, you would have to take them back to court, file the necessary paperwork, and have them properly served. Once they are served, the case will move forward through the courts. Speak... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Civil Litigation for Georgia on
Q: Lawsuit after false TPO?

My ex filed a false TPO on me , I immediately filed for divorce but the Process and the TPO had my funds frozen forcing me to the verge of bankruptcy...

I didnt have the financial strength to fight her, so i accepted the unfair terms of her lawyers.

The divorce was concluded 2 years... View More

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

Your claims against your ex spouse were likely extinguished with the settlement of your divorce case. Typically, marital settlement agreements will explicitly state that it resolves all issues resulting during the marriage between the parties.

2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: I want to get a quick and cheap divorce with full custody of my daughter.

Her dad is barely in the picture with no job and rooms up with somebody. He does support her at all, I do it all. I just want this over with easily and cheap.

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 5, 2023

It's not going to be cheap or easy if he contests the divorce. Your easiest route is an uncontested divorce which can be finalized in as little as 31 days from filing. However, you and your spouse will need to agree on all terms of the divorce, including child custody, child support and... View More

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Georgia on
Q: I want to get a quick and cheap divorce with full custody of my daughter.

Her dad is barely in the picture with no job and rooms up with somebody. He does support her at all, I do it all. I just want this over with easily and cheap.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 6, 2023

If your spouse will sign paperwork it could be an uncontested divorce, which will reduce the costs. But all the necessary paperwork must be signed and it must be filed as an uncontested divorce. If it is contested, you could still keep your costs down with the right attorney. Speak directly with... View More

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1 Answer | Asked in Divorce and Family Law for Georgia on
Q: if a state pension is fully vested and being paid out at time of mariagge does it become marital property?
T. Augustus Claus
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answered on Sep 4, 2023

In Georgia, as in many states, whether a state pension becomes marital property upon marriage depends on various factors, including the specific circumstances of the pension and the laws in place at the time of the divorce. Generally, assets acquired during the course of a marriage are considered... View More

2 Answers | Asked in Child Support and Family Law for Georgia on
Q: I filed child support about 2 years ago. Child support claim, they still can’t found him. He’s not responding 2 letters.

When I filed for child support . I gave his ss#. What other options do I have.

T. Augustus Claus
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answered on Sep 4, 2023

If you've filed for child support and have been unable to locate the other parent, it can be a frustrating and challenging situation. To address this, your first step should be to contact your local child support enforcement agency. They have specialized tools and resources for tracking down... View More

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2 Answers | Asked in Child Support and Family Law for Georgia on
Q: I filed child support about 2 years ago. Child support claim, they still can’t found him. He’s not responding 2 letters.

When I filed for child support . I gave his ss#. What other options do I have.

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 6, 2023

My best advice would be to hire a private attorney to file a child support action. They can assist you in locating the defendant for service, which will move your case forward. They can also assist with setting up service if that becomes necessary if the defendant can't be located at a job... View More

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My divorce was in GA.I signed that if my ex, who is custodial parent, moves out of state, I couldn’t modify

custody. My daughter is now 14 and has signed affidavit to live with me and her dad is moving to Texas. Will court in GA allow her to live with me

Regina Irene Edwards
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Regina Irene Edwards
answered on Sep 4, 2023

An agreement not to modify is probably not what you signed and not enforceable. Georgia can modify if they determine it's in your child's best interestm. Whether they will or not is a tougher analysis you need to speak with an attorney about.

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My divorce was in GA.I signed that if my ex, who is custodial parent, moves out of state, I couldn’t modify

custody. My daughter is now 14 and has signed affidavit to live with me and her dad is moving to Texas. Will court in GA allow her to live with me

Ellaretha Coleman
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Ellaretha Coleman
answered on Sep 4, 2023

I agree with attorney Edwards. Agreements not to modify are not typically enforced in Georgia. Your daughter's custody election is a rebuttable presumption that she should be allowed to live primarily with you, but is not absolute. The court must still make a determination of whether it is... View More

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3 Answers | Asked in Child Custody and Family Law for Georgia on
Q: My divorce was in GA.I signed that if my ex, who is custodial parent, moves out of state, I couldn’t modify

custody. My daughter is now 14 and has signed affidavit to live with me and her dad is moving to Texas. Will court in GA allow her to live with me

Alake Colwell Furlow
Alake Colwell Furlow
answered on Sep 6, 2023

I would speak directly with an attorney and take all of your divorce documents with you. Then they can determine exactly what you orders state. However, absent viewing those documents, if the custodial parent has plans to move out of state, the notice requirement is put in place to give the... View More

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: are pensions marital property in Georgia?
Robbie Levin
Robbie Levin
answered on Sep 4, 2023

In general, pension plans are treated like any other property – if they accrued during the marriage, they are marital property subject to equitable division. Any portion that accrued prior to the marriage, however, is considered the separate property of that spouse.

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3 Answers | Asked in Divorce and Family Law for Georgia on
Q: are pensions marital property in Georgia?
T. Augustus Claus
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answered on Sep 4, 2023

In Georgia, pensions are generally considered marital property if they were earned during the course of the marriage. Marital property includes assets and income acquired during the marriage, and it is subject to equitable division in the event of divorce. Equitable division means that the court... View More

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1 Answer | Asked in Child Custody, Divorce and Family Law for Georgia on
Q: I want to get a divorce and get full custody of my daughter
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 30, 2023

My best advice would be to hire an attorney and have them file your Complaint for Divorce. I would not advise you to represent yourself. If you are seeking primary physical custody, especially if you are seeking sole legal custody as well, you are going to have to put on your case in chief to the... View More

2 Answers | Asked in Divorce and Family Law for Georgia on
Q: How does equity in a home to pay partners, credit cards and bill affect the divorce settlement? 41 years marriage
T. Augustus Claus
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answered on Aug 29, 2023

In a 41-year marriage, the division of assets, including home equity, can be intricate in a divorce settlement. The impact of using equity to pay partners, credit cards, and bills hinges on factors like jurisdiction laws, debt origin, and financial circumstances. Considerations encompass property... View More

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2 Answers | Asked in Divorce and Family Law for Georgia on
Q: How does equity in a home to pay partners, credit cards and bill affect the divorce settlement? 41 years marriage
Alake Colwell Furlow
Alake Colwell Furlow
answered on Aug 30, 2023

I would urge you to hire an attorney to represent you in a divorce proceeding. First it has to be determined who is going to be awarded the marital residence or if the marital residence is going to be sold. Then you can determine how the equity is going to be distributed. If the marital... View More

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